Ordinance Number 554ORDINANCE NO. 554 204
CIPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 1-2.01 AND 1-2.03
OF TITLE 1, CHAPTER 2, OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO VIOLATIONS OF THE
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Municipal Code Section 1-2.01 entitled "Violations,
Misdemeanors or Infractions," of Chapter 2, "Penalty Provisions,
Title 1, "General Provisions," of the Municipal Code is hereby
amended to read as follows:
"Section 1-2.01. Violations.
"(a) It shall be unlawful for any person to
violate any of the requirements of this Code
or any of the provisions of any code adopted
by reference by this Code. Pursuant to
Government Code Section 36900, any person
violating any of such provisions or failing
to comply with any of the mandatory
requirements of this Code shall be guilty of
an infraction.
"(b) Infraction Penalties.
"Pursuant to Government Code Section 36900 and
36901, every infraction is punishable by a
fine not exceeding $100.00 for a first
violation; a fine not exceeding $200.00 for a
second violation of the same ordinance
provision within one year; a fine not
exceeding $500.00 for each additional
violation of the same ordinance provision
within one year.
"In the case of any violation of Title 8,
"Building Regulations," or Title 9, "Land
Use," there shall be a minimum fine of at
least $80.00 for a first violation, a fine of
at least $160.00 for a second violation of
the same ordinance provision within one year,
and a fine of at least $400.00 for each
additional violation of the same ordinance
provision within one year.
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2.05
"(c) Separate Offense for Each Day of Violation.
"In addition to the penalties provided by this
Section and pursuant to Government Code
Section 36900, any condition caused or
permitted to exist in violation of any of the
provisions of this Code, or the provisions of
any code adopted by reference by this Code,
or any subdivision, building, wiring,
plumbing, or other similar activity in
violation of the provisions of this Code,
shall be deemed a public nuisance and may be
summarily abated by the City in a civil
action, and each day such condition continues
shall be a new and separate offense."
SECTION 2.
Municipal Code Section 1-2.03 entitled "Imposition of
Penalties," of Chapter 2, "Penalty Provision," Title 1, "General
Provisions," of the Municipal Code is hereby amended to read as
follows:
"Section 1-2.03. Imposition of Penalties/
Alternate Remedy.
"(a) The provisions of this Code which declares
certain crimes be punishable as therein
mentioned devolve a duty upon the court
authorized to pass sentence to determine and
impose the punishment described.
"(b) Notwithstanding the provisions of Municipal
Code Section 1-2.01, the City Attorney may,
at his sole discretion, prosecute any
violation of the City Municipal Code as a
misdemeanor. In such event, any person
convicted of a misdemeanor shall be
punishable by a fine of not more than $500.00
or by imprisonment in the County jail for a
period not exceeding six (6) months, or by
both such fine and imprisonment."
SECTION 3. Severability.
If any provision or clause of this Ordinance or the
application thereof to any person or circumstances is held to be
unconstitutional or to be otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other
ordinance provisions or clauses or applications thereof which can
be implemented without the invalid provision or clause or
application and to this end, the provisions or clauses of this
Ordinance are declared to be severable.
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SECTION 4. Effective Date.
206
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 1st day of
October 1985.
PH 'LIVA. SCHWARTZE, PIYOR
ATTEST:
CITY CLER.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 554 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on September 17 1985 , and
adopted at a meeting held on October , by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
(SEAL)
MARY ANN ANOVER, CITY CLERK
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